Dear all members,
One person has been working in a CPSU through a manpower supply agency for the past 10 years as an Executive. There are 5 working days (Monday to Friday) for all employees, including contract employees. The organization used to pay overtime to those contract employees who were called in on off days (i.e., Saturday & Sunday).
Now, their HR has regulated 6 working days (i.e., Monday to Saturday) only for all contract employees and not for regular employees of the organization. My question is, is it right and in accordance with labor law that while the organization has 5 working days, how can 6 working days be made compulsory only for contract employees without paying overtime?
Kind regards,
From India, Delhi
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One person has been working in a CPSU through a manpower supply agency for the past 10 years as an Executive. There are 5 working days (Monday to Friday) for all employees, including contract employees. The organization used to pay overtime to those contract employees who were called in on off days (i.e., Saturday & Sunday).
Now, their HR has regulated 6 working days (i.e., Monday to Saturday) only for all contract employees and not for regular employees of the organization. My question is, is it right and in accordance with labor law that while the organization has 5 working days, how can 6 working days be made compulsory only for contract employees without paying overtime?
Kind regards,
From India, Delhi
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Sir,
1. I think by CPSU, you mean the public sector unit under the central government. If so, the Contract Labour (Regulation and Abolition) Central Rules, 1971 are applicable in respect of employees engaged on a contract basis through a contractor.
2. The provisions of Rule 25(2)(v)(a) and (b) of the said Rules are relevant in the circumstances as mentioned by you. The said rule lays down: "In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work, and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work."
3. I hope you will review the provisions of the rule as mentioned above and take action accordingly.
From India, Noida
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9631. I think by CPSU, you mean the public sector unit under the central government. If so, the Contract Labour (Regulation and Abolition) Central Rules, 1971 are applicable in respect of employees engaged on a contract basis through a contractor.
2. The provisions of Rule 25(2)(v)(a) and (b) of the said Rules are relevant in the circumstances as mentioned by you. The said rule lays down: "In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work, and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work."
3. I hope you will review the provisions of the rule as mentioned above and take action accordingly.
From India, Noida
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